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    I work part time in retail and there is the summer sale coming up this week.

    My contract is 4 hours on a evening, however due to the sale I (like everyone else) have been put down to do overtime (which is fine) except....:

    Tomorrow, I am working from 4pm to 11pm (usual shop closing is 9pm, staying with others till 11pm to do final set up)

    However, I'm down to work till 11pm tomorrow, and then Friday, to work 7am - 4pm.

    If I work till 11pm, I don't get home till at the earliest 11.30pm, then go to bed, then get up at 6am, back to work for 7am is that legal?

    I did a Google search:
    http://www.direct.gov.uk/en/Employme...ff/DG_10029451

    So I have to have 11 hours between finishing and starting work - so in my case, I am not legally obliged to start until 10am?

    Can anyone confirm this please?

    Thanks for any help!!
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    To be honest i'd just go along with it and take the extra cash - I see plenty of people still working at the local sainsbury's at midnight and then they're also there at 8 when I pop in in the morning.
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    The rights to breaks apply differently to you if:
    * you are working in an industry with busy peak periods, like agriculture, retail or tourism
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    If you don't want to work it, say no. It's overtime, you're doing them a favour. They can't make you work those hours.
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    also, i prefer this website:
    http://www.businesslink.gov.uk/bdotg...3858926&r.s=sc

    says the same though
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    Just say you're not doing it if you don't want to do it!
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    Just don't do that shift if you don't want to do it.

    Edit: unless working overtime during sales is in your contract?
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    This is an awkward one. I would agree with one of the above posts stating that your entitled to refuse the shift seeing as its overtime and not a contracted shift. However, i also know some employers require you to do overtime as part of your contract... you see where im coming from? I know with my job (im a checkout operator in sainsburys part time), there is meant to be a minimum of 12 hours between shifts. This is blatantly ignored though, i finish at 10pm on friday and start at 9 on saturday. Tbh, i dont think its something that is taken too seriously... not much use i know... sorry! Hope you manage to sort something out
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    If you don't want to do it just tell them, i don't suppose they can make you if it is not in your contract. However i wouldn't kick up a big fuss if i was you, it's not a regular thing and if you make a big deal out of it they might not be keen to offer you overtime in the future.
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    Sounds like NEXT. If you refuse, you won't be asked for any more hours probably ever again. If you want your record tarnished, by all means say you dont want to do it.
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    i used to wonder this - i was 16 at the time and was finishing at 12 some nights and starting at 8 in the morning. I didnt mid tho - i needed the money and was happy with as many hours they could give me but still
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    No, it is not legal, but if you don't do it, you'll get a record for it. Sadly, this happens all the time - fast food resturants are notorious for it. I would just do it, extra cash, eh?
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    (Original post by Expo)
    To be honest, I don't think £6 an hour is enough to get me out of bed after just 5 hours sleep!! I value my health more than £6!

    I'm 90% sure I'm not going to do it, because for one, why the **** should I? I've checked my contract and I do not have to do overtime.

    Ok its a busy period but tbh, I don't give a **** I'm not going to have just 5 hours sleep, its insulting that my manager even wants me to do it when we've got so many temporary people for this period over the sale.

    Any ideas on how I should approach my manager about this, as obviously I have the upper hand as it is illegal, although this is a days notice but thats her problem if she cannot balance hours properly and fairly, and legally. Shall I just phone and say, 'I can't do my Friday shift starting at 7am following finishing my Thursday at 11pm because its illegal to do so, as I'd only have 5 hours sleep between shifts, when the minimum is 11 by law. I can change my hours slightly to comply with the minimum hours by law if this is ok with you?' Blah blah.

    I'm a part time, permanent member of staff, and tbh I don't really care about future overtime potential as I'm going to uni (staying at same branch) but won't need any overtime.
    Yeah just say that- it may well be an innocent mistake, she may not have realised-however this is not your problem.
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    (Original post by Expo)
    Shall I just phone and say, 'I can't do my Friday shift starting at 7am following finishing my Thursday at 11pm because its illegal to do so, as I'd only have 5 hours sleep between shifts, when the minimum is 11 by law. I can change my hours slightly to comply with the minimum hours by law if this is ok with you?' Blah blah..
    Don't for god's sake do this. a) you'll look like an arse and b) you're wrong.

    The WTRs allow for exemptions in the rule about breaks between work, and this particular industry and situation is one of the ones the exemptions are targeted at.
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    Basicaly, don't try and sound like you 'know the law' when you don't have a clue.

    (Original post by http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451)

    The rights to breaks apply differently to you if:


    * you have to travel a long distance from your home to get to work
    * you constantly work in different places making it difficult to work to a set pattern
    * you are doing security or surveillance-based work
    * you are working in an industry with busy peak periods, like agriculture, retail or tourism
    * there is an emergency or risk of an accident
    * the job needs round-the-clock staffing (such as hospital work)
    * you are employed in the rail industry and you work on board trains or your activities are irregular or linked to seeing that trains run on time

    In these cases, instead of getting normal breaks, you are entitled to 'compensatory rest'. This is rest taken later, ideally during the same or following working day. The principle is that everyone gets a minimum 90 hours rest a week on average. This is the total of your entitlement to daily and weekly rest periods, although some rest may come slightly later than normal.
    However, if you're alright about it and they're not your contracted hours then you'll probably be alright.
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    God, some people know how to whine. Just work it. That's not even a difficult shift pattern.
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    I have a different situation at my work, I wonder if any1 can tell me if this is legal...
    All of the normal sales assistants are on minimum wage but obviously their are different minimum wages if you are 16, 18 or 21. I'm 16 and doing exactly the same job as a 21 yr old yet i'm getting paid a lot less, I know it isn't right but is it illegal?? If a man and a woman got different pay for the same job it wouldn't be allowed so why should age matter? Thats my thought anyway.
    Thanks for any replies
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    (Original post by Expo)
    Any ideas on how I should approach my manager about this, as obviously I have the upper hand as it is illegal, although this is a days notice but thats her problem if she cannot balance hours properly and fairly, and legally. Shall I just phone and say, 'I can't do my Friday shift starting at 7am following finishing my Thursday at 11pm because its illegal to do so, as I'd only have 5 hours sleep between shifts, when the minimum is 11 by law. I can change my hours slightly to comply with the minimum hours by law if this is ok with you?' Blah blah.

    I'm a part time, permanent member of staff, and tbh I don't really care about future overtime potential as I'm going to uni (staying at same branch) but won't need any overtime.
    Don't bring the law into it, because as others have said that is not in fact the law. 5 hours sleep is enough. Either do it or say you can't/won't work the shift, if you don't care about future overtime (and it isn't in your contract).

    (Original post by JackReacher)
    I have a different situation at my work, I wonder if any1 can tell me if this is legal...
    All of the normal sales assistants are on minimum wage but obviously their are different minimum wages if you are 16, 18 or 21. I'm 16 and doing exactly the same job as a 21 yr old yet i'm getting paid a lot less, I know it isn't right but is it illegal?? If a man and a woman got different pay for the same job it wouldn't be allowed so why should age matter? Thats my thought anyway.
    Thanks for any replies
    Of course it's legal. That's kind of the point. If they couldn't pay you less you may not even have the job, what would stop them hiring a more experienced, older person if they have to pay you the same anyway? I'm paid less than all my friends because they turned 18 almost a year ago and I'm still 17 for another month.
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    Go to your manager, be polite and talk about it. Don't demand anything etc. Just explain the situation, i'm sure your manager will understand as a lack of sleep will mean you wont be working to your full potential anyway. Just ask for a later start like 10/11AM..

    If he/she is a ***** about it, then say that its actually against the law.

    (Original post by Danny_777)
    ..
    Also to the clever clogs pointing out the exception to do with retail, I don't think this week is a known 'busy peak period' for the whole industry and that could be argued. It seems the exception is referring more to christmas/easter/new years etc. etc. when the whole industry is having peak periods. I take this understanding from the fact it is grouped with agriculture which has busy 'seasons' across the industry collectively, as does tourism. I dont think this can be linked to individual companies having sales on.
 
 
 
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